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D. PRODUCTION CONTROL
<br />(1) PRODUCER shall have the sole exclusive creative control over the production and presentation of ARTIST's performance at the Engagement hereunder, including, but
<br />not limited to, the details, means and methods of the performance of the performing artists hereunder, and PRODUCER shall have the sole right, as PRODUCER may see fit,
<br />to designate and change at any time the performing personnel other than the ARTIST herein specifically named.
<br />(2) ARTIST shall at all tines be the headline act and will be the closing act of each show, unless otherwise specified herein. PURCHASER agrees that no performers other
<br />than those to be furnished by PRODUCER hereunder will appear on or in connection with the Engagement hereunder. PURCHASER agrees to supply and pay for all
<br />supporting acts, if any, which must be requested and/or approved by PRODUCER.
<br />(3) PURCHASER agrees to promptly comply with PRODUCER's directions as to stage settings for the performance hereunder.
<br />(4) It is understood that no stage seats are to be sold or used without PRODUCER's prior written consent.
<br />E. EXCUSED PERFORMANCE SEE A DDE14DUM # —
<br />If, as the result of a Force Majeure Event (as defined below), PRODUCER or ARTIST is unable to, or is prevented from, performing the Engagement or any portion thereof
<br />or any material obligation under this Agreement, then PRODUCER's and ARTIST's obligations hereunder will be fully excused, there shall be no claim for damages or
<br />expenses by PURCHASER, and PURCHASER shall bear its own costs and expenses in connection with this Agreement. Notwithstanding the foregoing: (i) PURCHASER
<br />shall be obligated and liable to PRODUCER for such proportionate amount of the payment provided for herein as may be due hereunder for any performance(s) which
<br />PRODUCER may have rendered up to the time of the inability to perform by reason of such Force Majeure Event; and•(di n -thee s c u -p r ltvi~_
<br />6_Eocc�fajsur�Frvcnt,-.i�"���.-is-ready-willi[tg-and-able-to-petforar(burfo[�tl[e-oeerrrreneo-e€-sash-Foree�vlejouro-Fsvont}-than-RL-IR6k1,4SER shill n vgrtheless may
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<br />en , an wet er or no A [s res y, wt mg an a e [o c fOTftt-PH'REhIASER-shall-romain.responsible-fos.alt �� nortation accommodations
<br />�pense-reimbursementsend-anyvthe"ayancnts.or.compensatio age pursuan6to-4ho-toFin"f-this-Agreement__
<br />A "Force Majeure Event" shall mean any one or more of the following acts which makes any performance(s) by PRODUCER or ARTIST contemplated by this Agreement
<br />impossible, infeasible or unsafe: acts of God; act(s) or regulation(s) of any public authority or bureau, civil tumult, epidemic, act(s) of the public enemy; act(s) or threats of
<br />terrorism; threats; insurrections; riots or other forms of civil disorder in, or around, the Engagement venue or which PRODUCER and/or ARTIST reasonably believe
<br />jeopardizes the safety of ARTIST, any of ARTIST's equipment, musicians or other performers, or any of PRODUCER's key personnel; embargoes; labor disputes (including,
<br />without limitation, strikes, lockouts, job actions, or boycotts); fires; explosions; floods; shortages of energy or other essential services; failure of technical facilities; failure or
<br />delay of transportation; death, disability, illness, injury or other inability to perform of ARTIST, any of ARTIST's musicians, other performers, crew, representatives or
<br />advisors, any of ARTIST'S family members, any of PRODUCER's key personnel, or any other person personally known to ARTIST whose death, disability, illness or injury
<br />adversely impacts ARTIST's ability to perform in connection with the Engagement; or other similar or dissimilar causes beyond the control of ARTIST or PRODUCER
<br />which make any performance(s) contemplated by this Agreement impossible, infeasible or unsafe.
<br />F. INCLEMENT WEATHER SEE ADDENDUM
<br />Notwithstanding anything contained to the contrary herein, inclement weather shall not be deemed a Force Majeure event and PURCHASER shall remain liable for payment
<br />to PRODUCER of the full GUARANTEE plus all other compensation due hereunder if the performance(s) is rendered impossible, infeasible or unsafe by such weather
<br />conditions. For clarification, PURCHASER shall remain responsible for all other terms and conditions of this Agreement, including, without limitation accommodations,
<br />transportation, and expense reimbursements for ARTIST and touring party. I AS PREVIOUSLY NEGOTIATED AND
<br />1 I t AGREED TO ON THE CONTRACT FACE
<br />G. PRODUCER'S RIGHT TO CANCEL SEE ADDENDUM AAND RE WHERE PPLICABLE,SUCH COSTS
<br />ACTUAPURCHASEjagm hat PRODUCER may cancel the En merit here[ r without Iiab'Iity by giving the PURCHASER n ' ereof at least thirty (30) days prior to
<br />the comer ncement date the Engagement hereunde Pon termination of the eement in accordance with this set on G, PRODUC all return to PU HAS�Ib
<br />an ep sit previously receive PRODUCE connection with the Engagement. Su the fore o' gra on such termination, the parties sha a no further rights
<br />or obligations hereunder, and each o e parties slmall bear its own costs incurred in connection with this Agreement.
<br />H. BILLING
<br />(1) ARTIST shall receive billing in such order, form, size and prominence as directed by PRODUCER in all advertising and publicity issued by or under the control of the
<br />PURCHASER, including, but not limited to, displays, newspapers, radio and television ads, electric lights, posters, houseboards and announcements.
<br />(2) PURCHASER may only use ARTIST's name and pre -approved: voice, likeness, materials, pictures, photographs, image, or other identification of ARTIST (collectively,
<br />"ARTIST's Likeness") in connection with PURCHASER's advertising and publicizing of the Engagement, however PURCHASER's use of ARTIST's Likeness shall not be
<br />as an endorsement or indication of use of any product or service and no corporate or product/service name or logo shall be included in any such advertising and publicity
<br />absent PRODUCER's prior written approval in each instance. Notwithstanding the foregoing, the placement, form, content, appearance, and all other aspects of
<br />PURCHASER's use of ARTIST`S Likeness shall at all times be subject t/oo the prior _/ written approval of PRODUCER.
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<br />I. MERCHANDISING SEE ADDENDUM �
<br />PRODUCER shall have the exclusive right to sell souvenir programs, ballet books, photographs, records and any and all types of merchandise including, but not limited to,
<br />articles of clothing (i.e. T-shirts, hats, etc.), posters, stickers, etc., on the premises of the place(s) of performance without any participation in the proceeds by PURCHASER
<br />subject, however, to concessionaire's requirements, if any, as specified in this Agreement.
<br />Agreement dated 21 -March -2019 TRACY LAWRENCE
<br />Page 6 of 9 KITTITAS VALLEY EVENT CENTER
<br />WME AFM; rev. 2014-05-29//npdated March, 2015 Seq.: 2789586
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